6.  The applicant was born in 1956 and lives in Germany.
7.  At the time of the events in question the applicant was detained in the Buca Prison in İzmir. He was accused of being a member of the PKK.
8.  On 26 April 1994 the prison warders, instructed by their directors, assaulted the prisoners while the applicant was waiting for his relatives along with other prisoners in the visiting room of the prison.
9.  In a report drafted and signed by 14 prison warders and directors on 26 April 1994, it is stated that 11 prisoners who were convicted of being members of the PKK requested that they be moved from their wing because they were afraid of being attacked by other prisoners. As soon as they were moved to another wing some of the prisoners protested against the administration’s decision and demanded that the prisoners be returned to their former wing. When their demand was rejected by the administration the prisoners started to chant slogans in the visiting room and declared that they would not leave the room until the prisoners were returned to their former wing. The warders brought the prisoners to their wing when they failed to persuade them to return. The prisoners resisted and injured themselves by hitting the iron beds in the wing.
10.  On 27 April 1994 the applicant’s representative visited the applicant in the prison. She observed that the applicant was suffering from wounds and bruises to his arms, face and eyes caused by blows.
11.  On 29 April 1994 the applicant signed a petition along with other prisoners complaining that they had been attacked by prison warders. They alleged that the chief warder of the prison, Ahmet Ayhan, had instructed the warders to attack them.
12.  On an unspecified date the applicant petitioned the İzmir Public Prosecutor, complaining of the mistreatment which he suffered at the hands of the warders in the prison. He alleged that he had been severely beaten by the warders and sustained injuries and bruises as a result. The applicant requested the public prosecutor to initiate an investigation and to order a medical examination to be carried out by the Forensic Medicine Institute.
13.  On 11 May 1994 the applicant was examined at the İzmir Forensic Medicine Institute. In a medical report drafted by a doctor at the Institute, it is stated that the applicant had a 2 cm scar on the right temporal part of his eyebrow, two 1 cm scars on the crurista and a haematoma on the third finger of his right hand. The report concluded that the applicant would be unfit to work for two days.
14.  On 29 September 1994 the İzmir Public Prosecutor decided that no prosecution should be brought (takipsizlik kararı) against the prison administration and warders. According to the prosecutor, the prison administration was authorised to use necessary force in order to maintain peace and order in the prison pursuant to the Directive on the Execution of Punishments (Ceza İnfaz Yönetmeliği). The use of force applied in the incident was in accordance with the provisions of the Directive.
15.  On 14 December 1994 the applicant filed a petition with the office of the İzmir Public Prosecutor. He requested a copy of investigation file no. 1994/24153.
16.  On the same day the İzmir Public Prosecutor rejected the applicant’s request.
17.  On 21 December 1994 the applicant filed an objection with the İzmir Assize Court against the decision of the İzmir Public Prosecutor of 29 September 1994. He complained that the prosecutor accepted the account of the accused warders without giving any weight to finding in the medical report. He also stated that he was denied access to the investigation file.
18.  On 13 January 1995 the İzmir Karşıyaka Assize Court rejected the applicant’s objection. On 31 January 1995 the applicant was notified of the decision of the assize court.